The seller shall not be held responsible for the delay in shipment or non-delivery of goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The seller shall advise the buyer of Force Majeure within fourteen days thereafter and send by airmail to the buyer a certificate of Force Majeure issued by the competent government authorities, Chamber of Commerce or registered notary public of the place where it occurs as evidence thereof. Under such circumstances the seller, however, is still under the obligation to take all necessary measures to hasten the delivery of the goods.
Guarantee of Quality
The seller guarantees the goods delivered are in conformity with quantity, quality and specification as provided in the order and are packed in the manner required by the order.
Within 15 days after the arrival of the goods at destination, should the quality, specifications or quantity be found not in conformity with the stipulations of the order except those claims for which the insurance company or the carrier are liable, the buyer, on the strength of Inspection Certificate issued by China Commodity Inspection Bureau, may require the seller to remedy the lack of conformity by repairing, replacement of compensation. As regards quality, the seller guarantees if, within 3 months from the date of the arrival of the goods at destination, damages occur in the course of operation by reason of inferior quality, poor workmanship or the use of inferior materials, the buyer shall immediately notify the seller in writing and put forward a claim supported by Inspection Certificate issued by China Commodity Inspection Bureau. The Certificate so issued shall be accepted as the base of the claim. The seller, in accordance with the buyer’s claim shall be responsible for the immediate elimination of the defects, complete or partial replacement of the goods or shall devaluate the goods according to the state of the defects. Where necessary, the buyer shall be at liberty to eliminate the defects himself at the seller's expenses.
All disputes in connection with the order or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached, the case shall be submitted for arbitration to China International Economic and Trade Arbitration Commission, in Beijing, in accordance with its Rules of Arbitration. The decision of the Arbitration Commission shall be final and binding upon both parties. Arbitration fee shall be borne by the losing party.